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Probate: Which Process Applies Based on Date of Death, Estate Value & Asset Type
Serving California City, Mojave, Tehachapi, Rosamond, North Edwards, Ridgecrest & surrounding East Kern communities
When someone passes, the word probate often gets used as if it were one single blanket process. It isn’t.
In California, the correct probate path depends on the date of death, what assets were owned, how those assets were titled, and the total value of the estate. In East Kern County—where families often own homes, desert land, vehicles, equipment, animals, and a mix of personal and real property—choosing the correct procedure matters.
This information is based on publicly available California Probate Code sections and Judicial Council Form DE-300. It is procedural information only, not legal advice.
Below are five main probate-related processes, organized by asset type and value.
1️⃣ Probate for Personal Property Only (Money, Vehicles, Equipment, etc.)
Personal property (anything movable) may be transferred using an Affidavit for Collection of Personal Property if the total value does not exceed:
• $184,500 if the decedent died between April 1, 2022 and March 31, 2025
• $208,850 if the decedent died on or after April 1, 2025
Deaths occurring before these dates have different value limits.
Probate Code § 13006 defines the term “Successor of the Decedent” for purposes of this affidavit, including situations involving a Will, no Will, a Trust referenced in a Will, or a guardian or conservator.
⏳ Waiting period: 40 days after the date of death
2️⃣ Probate for Real Property of Small Value (Vacant Land, Timeshare, RV Space, etc.)
A simplified affidavit process filed with the court may be used if the gross value of all California real property does not exceed:
ª $61,500 if the decedent died between April 1, 2022 and March 31, 2025
• $69,625 if the decedent died on or after April 1, 2025
Deaths occurring before these dates have different value limits.
Probate Code § 13006 defines the term “Successor of the Decedent” for purposes of this process.
⏳ Waiting period: 6 months after the date of death
3️⃣ Succession to Primary Residence Only
A simplified court procedure may be available to determine succession to the decedent’s primary residence only if:
• The residence was owned by the decedent and used as their primary home at the time of death, and
• The value does not exceed:
$184,500 for deaths between April 1, 2022 and March 31, 2025
$750,000 for deaths on or after April 1, 2025
Deaths occurring before these dates may be subject to different limits.
Successor status is determined under Probate Code § 13006.
4️⃣ Probate for a Surviving Spouse or Registered Domestic Partner
Probate Code § 13650
A surviving spouse or registered domestic partner may petition the court using a simplified spousal property petition to:
• Confirm ownership of community property
• Confirm ownership of certain separate property
• Request that all or part of the estate pass to the surviving spouse
This is a court process, but not a full formal probate.
5️⃣ Formal Probate Proceeding (DE-300 Required)
If an estate does not qualify for any of the simplified procedures above, a formal probate case may be required.
This typically applies when:
• Estate value exceeds statutory limits
• Real property does not qualify for simplified transfer
• Assets are solely titled in the decedent’s name
• There is no trust
• Ownership or heirs are unclear
When Probate Is Not Required
Probate is generally not required when assets pass by operation of law, including:
• Living Trust assets
• Joint tenancy property
• Community property with right of survivorship
• Pay-on-Death (POD) bank accounts
• Transfer-on-Death (TOD) deeds
• Retirement accounts or insurance policies with named beneficiaries
Bottom Line for East Kern County Families
Probate is not one-size-fits-all.
The date of death, asset type, title, and value determine whether you need:
• No probate at all
• A small-estate affidavit
• A simplified court petition
• Or a formal probate proceeding using DE-300
Choosing the wrong path can cause delays, rejected filings, and unnecessary court involvement.
📞 Call 661-387-4005 to discuss your flat-rate probate document preparation — whether you are getting a case started or finishing an existing matter (restrictions apply).
Get it Done.